Ord 32-00ORDINANCE NO. 32-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT IN
THE GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND
BEING A PORTION OF BLOCK 36, TOWN OF DELRAY,
LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE
BETWEEN N.W. 3m) AVENUE AND N.W. 4TM AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of
the City of Delray Beach, Florida, as being zoned R-1-A (Single Family Residential) District and CF
(Community Facilities) District; and
WHEREAS, at its meeting of August 21, 2000, the Planning and Zoning Board for the
City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to
recommend that the property hereinafter described be rezoned, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach,
FJofida, be amended to reflect the revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and
the same is hereby amended to reflect a zoning classification of GC (General Commercial) District for
the following described property:
Lots 6 through 21, inclusive, together with that part of the abandoned 16
foot alley right-of-way lying west of and adjacent to Lots 8 through 13,
inclusive, and the east 8 feet of the abandoned 16 foot alley right-of-way
lying west of and adjacent to Lots 6 and 7, Revised Plat of Block 36,
Town of Delray, according to the Plat thereof as recorded in Plat Book 5
at Page 38 of the Public Records of Palm Beach County, Florida.
The subject property is located on the north side of West Atlantic
Avenue, between N.W. 3rd Avenue and N.W. 4th Avenue; containing 1.8
acres, more or less.
Section 2. That the Planning Director of said City shall, upon the effective date of this
ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions
of Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That this ordinance shall become effective on the date that a final order is
issued by the Department of Community Affairs finding Comprehensive Plan Amendment 2000-2 in
compliance in accordance with Chapter 163.3184, Florida Statutes; or the date a final order is issued
by the Administration Commission finding the amendment to be in compliance in accordance with
Chapter 163.3184, Florida Statutes.
5th
PASSED AND ADOPTED in regular session on second and final reading on this the
day of December ,2000.
MAYOR
ATTEST:
~City Clerk
First Reading November 21, 2000
Second Reading December 5, 2000
2 Ord. No. 32-00
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REZONING FROM: CF (COMMUNITY FACILITIES) & R-1-A (SINGLE FAMILY RESIDENTIAL)
TO: GC (GENERAL COMMERCIAL)
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CO~MMiSSlON DOCUMENTA,TION
TO:
THRU:
FROM:
DAVID T. HARDEN, CITY
JEFFREY A. COSTELLO, PRINCIPAL~NER'
R"~-'~ ~O PLANNER
SUBJECT:
MEETING OF NOVEMBER 2'1, 2000
REZONINGS FOR THE NORTH HALF OF BLOCK 36, LOCATED ON THE
NORTH SIDE OF WEST ATLANTIC AVENUE, BETWEEN NW 3RD AVENUE AND
NW 4TH AVENUE.
The subject property is located within the "West Atlantic Avenue Redevelopment Area". The CRA
began assembling property for redevelopment of the North 300 and 400 Blocks of West Atlantic
Avenue (Blocks 28 & 36) in 1998. After completing acquisition of over 4.6 acres in 2000, a
Request for Proposals (RFP) for the project was issued on March 1, 2000. The winning proposal,
selected on September 14, 2000, consists of a mixed-use project with multistory retail/office
buildings fronting on West Atlantic Avenue and townhouse development and parking in the rear. In
order to accommodate the residential component of the project, it is necessary to amend the
FLUM designation and to rezone the rear portion of the block to GC (General Commercial). Within
the West Atlantic Overlay District, GC zoning allows residential densities up to 30 units per acre
(subject to performance standards) through the conditional use process.
At its meeting of September 7, 2000, the City Commission approved transmittal to the Florida
Department of Community Affairs (DCA) the associated FLUM amendment for the property in
conjunction with Comprehensive Plan Amendment 2000-2. There were no comments made by
DCA with regard to the associated FLUM amendment, and it is scheduled for second reading at
the December 5th City Commission meeting. If approved on first reading, the second reading of
the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan
amendment. Additional background and analysis of the request are found in the attached
Planning and Zoning Board Staff Report.
I'Ils' "" ..... PLANNING~ A'N: .... '~D ZO NiN' 'G ~ '~BOARD,~ CONSIDERATION, :" , ,,11
The Planning and Zoning Board held a public hearing on the proposed FLUM amendment and
rezonings at its meeting of August 21, 2000. One resident asked for clarification on the proposed
rezonings, which was explained by Diane Dominguez, interim CRA Director. No one else spoke
on the proposal. The Board recommended approval of the FLUM Amendments and rezonings by
a vote of 5 to 0 (Hasner abstaining).
I['~...' ,,,' ' ,', ..... ', ', 'RE.COMME'N. DED' ACTION
By motion, approve on first reading the ordinance for the rezonings from R-1-A (Single Family
Residential) and CF (Community Facilities) to GC (General Commercial), based on positive
findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for
Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives
and Policies of the Comprehensive Plan, and set a public hearing date of December 5, 2000.
Attachments: P&Z Board Staff Report of August 21, 2000 & Ordinance by Others
Friday, November 24, 2000-
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